Terms & Conditions

1.DEFINITIONS

The following terms and conditions document is a legal agreement between DoctorsWebsites hereafter the “ Developer” and the “ Client” for the purposes of provision of website design, development, or other services. These Terms and Conditions set forth the provisions under which the Client may use the services supplied. The Developer is an Internet web design & web site hosting provider.

2.ACCEPTANCE OF WORK

The Developer will carry out work, supply files, or provide hosting only where an invoice has been paid by the Client for the work, unless otherwise agreed at the Developers discretion.

When the Client places an order to purchase a website or services from the Developer, the order represents an offer to the Developer to purchase the website or services which is accepted by the Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer (or third party supplier) of the Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

The Developer is able to withdraw from contract at any time prior to acceptance.

Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.

The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design, website work, or services as part of an agreed project.

Any work is subject to a minimum charge of £35.

3.PERMISSION AND COPYRIGHT

All pages, images, text and code on any website produced or provided by the Developer is copyrighted material.

The Client and any visitors to the Developers website at http://www.doctorswebsites.co.uk/ or any other sites produced or provided by the Developer, may not use any of the pages, images, text or code on the web site for use on the Client’s or visitors own website or to create a website, templates or other material without prior written permission from the Developer.

Copyright & Intellectual Property Rights of the completed web designs, images, pages, code and source files created by the Developer for the project shall remain with the Developer.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client or other parties are not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.

The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.

The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends.

If the Developer designs a web site for a Client then the Client agrees that the Developer may include a development credit and link displayed on the Clients web site. If the Developer builds or amends a web site for a Client then the Client agrees that the Developer may include a development credit and link displayed on the Clients web page. The Client agrees that the Developer may include development credits and links on the templates the Developer offers for sale on the web site at http://www.doctorswebsites.co.uk/.

The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.

4.MATERIAL

the Developer reserves the right to refuse to handle:

a) Any media which is unlawful or inappropriate;

b) Any media which contains a virus or hostile program;

c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming

d) Any media which constitutes a criminal offence, infringes privacy or copyright

5.HOSTING

The Developer makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. The Client shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

The Client represents, undertakes and warrants to us that they will use the Web Site and hosting only for lawful purposes. In particular:

The Client will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will authorise or permit any other person or entity to do so.

The Client will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

The Client will not send bulk email whether opt-in or otherwise from our network. Nor will The Client promote a site hosted on our network using bulk email.

The Client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

The Developer reserves the right to remove any material which we deem inappropriate from the Clients web site without notice.

The Client shall keep secure any identification, password and other confidential information relating hosting accounts and shall notify the Developer immediately of any known or suspected unauthorised use of accounts or breach of security, including loss, theft or unauthorised disclosure of passwords or other security information.

The Client shall observe the procedures which The Developer may from time to time prescribe and shall make no use of the Server which is detrimental to other Users.

The Client shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

While the Developer will use every reasonable endeavour to ensure the integrity and security of the Server, the Developer does not guarantee that the Server will be free from unauthorised users or hackers and shall be under no liability for non-receipt or misrouting of email or for any other failure of email, hosting, or provision of goods or services.

6.PAYMENT TERMS

Prices are subject to change without notice.

For any work the Developer requires a payment to be received in advance for the work being carried out and before handover of files, except where agreed at the Developers own discretion.

The Client agrees to pay the full cost in one payment, including for goods or services that are priced on a per month basis.

Recurring fees for the next 12 months provision of goods or services will be invoiced to the Client 12 months after the previous payment.

All prices are exempt of VAT.

Once an invoice is sent to the Client it must be paid by any of the options listed on the invoice, these include BACS transfer, Cheque issued by UK bank or Paypal (invoice total plus 5% to cover fees).

All invoices must be paid in full within 7 days of the invoice date, except where agreed at Developer’s own discretion.

The Developer reserves the right to decline further work, or to terminate the use of goods or services if there are invoices outstanding with the Client.

The Client may request that the Developer cancel a project in writing by email or postal mail to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If the Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay the Developer the fees agreed in the initial invoice.

All invoices are submitted by email except where required otherwise by regulations or agreed at the Developer’s discretion.

The Developer reserves the right to remove it’s work for the Client from the Internet if payments are not received.

7.LIABILITY AND WARRANTY DISCLAIMER

The Developer provides their website and the contents thereof, and services on an “as is” basis and makes no warranties with regard to the site and it’s contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees the Developer is not liable for any performance issues, failure, legal issues, loss of data, or other problems arising from the use of the Developers websites, goods, or services.

The Developer endeavours to provide a web site within given delivery timescales to the best of it’s ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees the Developer is not liable for absence of service as a result of illness or holiday time. The Developer has a third party associate who may be able to take on work should there be the need to.

The Client agrees the Developer is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free and legislation compliant, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client free of charge.

If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, or files have been changed, the Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup, hosting setup, or file alterations.

Should the Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if the Developer has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet websites. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet websites or services.

The Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees the Developer is not liable for any failure to inform or impliment these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or impliment these updates.

8.INDEMNIFICATION

The Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to legal fees against the Developer or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to defend, indemnify and hold harmless the Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

9.NONDISCLOSURE

The Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about the Developer to another party.

10.PRIVACY POLICY

The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

11.INTERPRETATION

The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

Developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Developers web site at http://www.doctorswebsites.co.uk/terms with a date of last update.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.

This page last updated January 2011